A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 31, 2014, the Defendant was issued a summary order of a fine of KRW 3 million at the Lwon District Court’s Pyeongtaek site due to a violation of the Road Traffic Act (driving of Drinking).

On August 1, 2020, at around 06:10, the Defendant driven a rocketing car under the influence of alcohol of about 4 km from the section of approximately 0.115% of blood alcohol concentration to the front of the community hall of the city in iasan City, from the front of the mutual influence restaurant in the Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-si to the roads in front of the community hall of the city in iasan City.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to inquiries about criminal records, etc., references to dispositions, tailies, and reports on results of verification;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (a violation of Article 55 (1) 3);

1. Article 62 (1) of the Criminal Act suspended execution ( comprehensively taking into account the criminal records of the accused, the blood alcohol concentration, the background leading up to the drunk driving, the driving distance, etc.);

1. Order to attend lectures under Article 62-2 of the Criminal Act;